3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney

You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.

u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!

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jambalakadi

06-18 10:38 AM

Gurus,

Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.

Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized

Like the attorney mentioned, you can't maintain H4 and AOS status at the same time.

To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.

Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.

Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."

No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.

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sertasheep

08-03 02:12 PM

How many IV Pennsylvania members are planning to attend the DC Sept 13th Rally?

NOTE: PLEASE KEEP YOUR PROFILES UPDATED (NAME, TELEPHONE NUMBER,EMAIL A MUST) SO THAT RALLY ORGANIZERS CAN REACH OUT TO YOU

See details at :http://immigrationvoice.org/forum/showthread.php?t=11428

I spoke with the lawyer. She asked me to get an affidavit stating the arrest reason and also what happened. She will send this as soon she gets my receipt number. I am not having any case/docket number since this happened 4 years back. Lawyer is saying this should be ok and this falls under misdemeanor. Any suggestion?

If it's a misdemeanor, you should find the case/docket number from the court and get the expungement record.. also give INS all the evidences.. if all is present, you won't have any problem. and send it to INS sooner so you save time on RFE too.

You have to get the key from the safe which is also in a room in the Shinra Mansion. (up the steps and to the right I believe)

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manderson

10-30 09:58 AM

stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.

Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.

One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...

Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!

:)

Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

Here is what I understand, but make sure you seek professional opinion before making any move.

He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.

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vedicman

04-28 08:58 AM

The Republican targets for compromise are the usual suspects � Sens. Lindsey Graham of South Carolina, Scott Brown of Massachusetts, George LeMieux of Florida, Judd Gregg of New Hampshire, Lisa Murkowski of Alaska and Dick Lugar of Indiana � all of whom have expressed willingness to negotiate on immigration. Sen. Chuck Schumer (D-N.Y.) is planning to meet with several of these GOP senators this week to see whether there�s hope for a bipartisan immigration bill.

Democrats have no specific timetable for immigration, but the next recess � a natural deadline for legislation � begins May 28.

I'm in similar situation: On H1 with company A since 2001. Current extension is valid till July 2010. Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

Now I want to transfer my H1B using AC21. My questions are: 1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem. 2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?

Thanks in advance.

prasadn

02-05 11:54 AM

Gurus,

I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).

Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?

Regards

As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.

What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.

hopefulgc

08-03 02:25 PM

I like the idea of linking to the High-5 campaign a lot. $5 sounds like a resonable donation for replies to a harrowing immigration question from experts who have lived it, seen it, done it.

BTW... Could we have a link that bring one to the paypal page directly where you could choose from a drop-down from $5, $10, $20... More like one click donation. This would save potential donors from having to sift through the Contribution page and locate the place to click to get to the paypal page. It is likely lead to a lot of "conversions".